Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Companies Act 1956 Criminal complaint by complainant Company s.630(1) and (2) not delivering the possession of the residential premises |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Companies Act, 1956 (1 of 1956) |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Companies Act, 1956 : s.630(1) and (2) – Criminal complaint by complainant Company – Against the accused alleging that he was not delivering the possession of the residential premises (which he was given in the capacity of Director of the Company) even after ceasing to be Director of the Company – Also filed application for dispossessing the accused – Plea of the accused was that there was oral understanding between him and the original owners of the property that the same would be transferred to him, when he would pay the sale consideration – Thereafter, accused filed a suit against the vendors praying for specific performance and for permanent injunction – Temporary injunction was issued in the suit directing status quo in respect of possession – Application u/s. 630(2) allowed directing dispossession of the accused – Revisional Court affirmed the order passed in application u/s 630(2) – High Court in petition u/s. 482 Cr.P.C. set aside the findings of the Court below – Appeal to Supreme Court – Held : Pendency of civil suit would not bar complaint u/s 630 with respect to same property, even if between same parties, if there is no bona fide dispute regarding the company’s right over the property – In the present case, there is no bona fide dispute as the claim of the accused is based on oral understanding – Mere issuance of temporary injunction would not make the dispute bona fide – Therefore, pendency of civil suit and interim reliefs granted therein would not bar criminal prosecution u/s 630 – Section 630 has to be given liberal interpretation so as to facilitate expeditious recovery of the Company’s property – There is no error in allowing application u/s 630(2), during pendency of substantive criminal proceedings – Specific Relief Act, 1963 – s. 41(b) and (d). Code of Criminal Procedure, 1973 : s.482 – Inherent powers – Scope of, vis-a-vis s.397(2) – Held : High Court in exercise of its inherent powers u/s 482, can set aside an interlocutory order, notwithstanding the bar u/s 397(2). |
Judge | Hon'ble Mr. Justice Mohan M. Shantanagoudar |
Neutral Citation | 2019 INSC 1159 |
Petitioner | Hooghly Mills Company Ltd. |
Respondent | The State Of West Bengal And Anr. |
SCR | [2019] 13 S.C.R. 406 |
Judgement Date | 2019-10-17 |
Case Number | 1571 |
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